How to Sue Your Attorney for Malpractice

To sue your attorney on charges of negligence, you must show that their breach of duty caused legal, monetary or other negative outcomes for you. It's not enough to prove that the negligence of your attorney was injurious; you must also show that there is a direct connection between the breach and the unfavorable outcome.

Legal malpractice doesn't include issues of strategy. However, if you lose a case because your lawyer was not able to file the lawsuit within the timeframe it could be a case of malpractice.

Use of funds in a fraudulent way

The misuse of funds by a lawyer is one of the most frequent forms of legal fraud. Attorneys have a fiduciary relationship with their clients and are required to act with the utmost trust and fidelity, especially when handling funds or other property that the client has entrusted to them.

When a client makes a payment for their retainer to a lawyer, they are required by law to place that money in a separate escrow fund that is only utilized for that particular case. If the attorney combines the account with personal funds or utilizes it for other purposes it is a clear violation of fiduciary duty and could be considered legal malpractice.

For example, imagine that a customer hires their attorney to represent them in an action against a driver who slammed into them as they were walking across the street. The client is able to prove the driver's negligence, and that the collision caused their injuries. However, their lawyer fails to comply with the statute of limitations and is in a position to file the lawsuit within time. Thus, the lawsuit is dismissed and the victim is financially harmed due to the lawyer's mistake.

The time frame for suing an attorney for negligence is governed by a statute-of-limitations which can be a challenge to calculate in a case where an injury or loss occurred as the result of the negligence of the attorney. A reputable New York attorney with experience in malpractice law can explain the statute of limitations to you and assist you to determine if your situation is a suitable candidate for a legal malpractice lawsuit.

Do not follow the professional rules of conduct

Legal malpractice occurs when an attorney fails to follow generally accepted professional standards, and harms the client. It is a requirement of the four elements of most torts: an attorney-client relationship the breach of a duty and proximate cause.

A few examples of riverbank malpractice lawyer include a lawyer mixing their personal and trust funds, failing to file a suit within the time limits, taking cases in which they're not competent, failing to conduct an investigation into conflicts and not being up-to the latest court proceedings or any other developments in law that could impact the case. Lawyers also have a duty to communicate with clients in a reasonable manner. This doesn't just mean email and faxes but also the ability to return phone calls promptly.

It is also possible for attorneys to engage in fraud. This can be done by lying to the client, or anyone else involved in the case. It is essential to understand the facts so you can determine if the attorney is insincere. A violation of the agreement between an attorney and a client occurs when an attorney handles an issue that is not within their area of expertise without informing the client about it or suggesting they seek independent counsel.

Failure to provide advice

When a client hires an attorney, it indicates that their legal issue has become beyond their knowledge and experience. They are unable to solve the problem themselves. It is the lawyer's duty to advise clients on the merits of a particular case, the costs and risks involved and their rights. Lawyers who fail to do this may be found guilty.

Many legal malpractice claims result from poor communication between attorneys and their clients. For example attorneys may not answer phone calls or fail to inform their clients of a decision taken on their behalf. Attorneys may also fail to communicate important details about the case or fail disclose known problems with transactions.

A client may sue an attorney if they have suffered financial losses due to the lawyer's negligence. These losses must be documented. This requires evidence, such as email and client files, or any other correspondence between an attorney and client, as well as invoices. In the case of theft or fraud it could also be necessary to get an expert witness to look into the case.

Failure to Follow the Law

Attorneys are required to follow the law and know the law's implications in particular situations. If they fail to do so or don't, they could be accused of malpractice. Examples include combining funds from clients with their own or using settlement proceeds for personal expenses, and failing to perform basic due diligence.

Other instances of legal malpractice include failure to file a lawsuit within the statute of limitation and missing court filing deadlines and not adhering to the Rules of Professional Conduct. Attorneys are also required to disclose any conflict of interest. This means that they have to inform clients of any financial or personal interests that might affect their judgment when representing them.

Finally, attorneys are obligated to comply with the directions of their clients. Attorneys must abide by the instructions of clients, unless it is clear that the decision will not be beneficial.

To win a malpractice lawsuit, the plaintiff has to prove that the lawyer has violated his duty of care. It can be difficult to prove that the defendant's inaction or actions resulted in damage. It isn't enough to show that the attorney's negligence caused a bad result. A malpractice claim must also show that there was a significant probability that the plaintiff's case would have been successful if the defendant had followed the standard procedure.